Santosh Tiwary v. The State Of Bihar

Patna High Court Cr.Misc. No.51989 of 2014 (3) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51989 of 2014 Arising Out of PS.Case No. -775 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Santosh Tiwary Son of Late Fulan Tiwary @ Jhulan Tiwary resident of Lal Pokhar, Dighi, P.S. : Sadar, District : Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Town P.S. Case No. 775 of 2014 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegedly, four motorcycle born miscreants stopped the informant when he was coming after withdrawing Rs. 40,000/- riding on his motorcycle and snatched the bag containing amount but due to alarm being raised, nearby persons and traffic police caught two persons and from possession of petitioner snatched amount of Rs. 40,000/- was recovered.

Submission is that the petitioner is in custody since

Patna High Court Cr.Misc. No.51989 of 2014 (3) dt.03-03-2015 16.9.2014 and in this case chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and it is a Magisterial trial case.

In the facts and circumstances stated above and as chargesheet has already been submitted, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 775 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T